Page:United States Statutes at Large Volume 94 Part 1.djvu/979

 PUBLIC LAW 96-305—JULY 8, 1980

94 STAT. 929

Public Law 96-305 96th Congress An Act Relating to the relocation of the Navajo Indians and the Hopi Indians, and for other purposes.

July 8, 1980 [S. 751]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Navajo and Hopi cited as the "Navajo and Hopi Indian Relocation Amendments Act of Indian Relocation 1980". Amendments SEC. 2. Section 8 of the Act of December 22, 1974 (88 Stat. 1712; 25 Act of 1980. U.S.C. 640d), hereinafter referred to as the "Act of December 22, 25 USC 640d note. 1974", is amended by striking all of subsection (c) and inserting, in 25 USC 640d-7. lieu thereof, the following: "(c)(1) Either as a part of or in a proceeding supplementary to the Tribal lands in action authorized in subsection (a) of this section, either tribe, issue, determination of through the chairman of its tribal council for and on behalf of the rights. tribe, including all villages, clans, and individual members thereof, may prosecute or defend an action for the types of relief, including interest, specified in section 18 of this Act, including all subsections 25 USC 640d-17. thereof, against the other tribe, through its tribal chairman in a like representative capacity, and against the United States as to the types of recovery specified in subsection (a)(3) of such section 18 and subject to the same provisions as contained in said subsection, such action to apply to the lands in issue in the reservation established by the Act of June 14, 1934 (48 Stat. 960). "(2) In the event the Hopi Tribe or Navajo Tribe is determined to have any interest in the lands in issue, the right of either tribe to recover hereunder shall be based upon that percentage of the total sums collected, use made, waste committed, and other amounts of recovery, which is equal to the percentage of lands in issue in which either tribe is determined to have such interest. "(3) Neither laches nor the statute of limitations shall constitute a Defense. defense to such proceedings if they are either prosecuted as a part of the action authorized by this section or in a proceeding supplemental thereto, if instituted not later than twenty-four months following a final order of partition and exhaustion of appeals in an action filed pursuant to this section.". SEC. 3. Section 10 of the Act of December 22, 1974, is amended by 25 USC 640d-9. adding at the end thereof the following new subsections: "(c) The Secretary shall take such action as may be necessary in order to assure the protection, until relocation, of the rights and property of individuals subject to relocation pursuant to this Act, or any judgment of partition pursuant thereto, including any individual authorized to reside on land covered by a life estate conferred pursuant to section 30 of this Act. "(d) With respect to any individual subject to relocation, the Secretary shall take such action as may be necessary to assure that such individuals are not deprived of benefits or services by reason of their status as an individual subject to relocation.

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